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[Federal Register Volume 80, Number 19 (Thursday, January 29, 2015)]
[Notices]
[Pages 4917-4918]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-01624]

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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Agency Information Collection Activities: Extension Without 
Change of an Existing Collection; Comments Request

AGENCY: Equal Employment Opportunity Commission.

ACTION: Notice.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the 
Commission announces that it intends to submit to the Office of 
Management and Budget (OMB) a request for a three-year extension 
without change of the existing recordkeeping requirements under 29 CFR 
part 1602 et seq., Recordkeeping and Reporting Requirements under Title 
VII, the ADA, and GINA. The Commission is seeking public comments on 
the proposed extension.

DATES: Written comments must be received on or before March 30, 2015.

ADDRESSES: Comments should be sent to Bernadette Wilson, Acting 
Executive Officer, Executive Secretariat, Equal Employment Opportunity 
Commission, 131 M Street NE., Washington, DC 20507. As a convenience to 
commenters, the Executive Secretariat will accept comments totaling six 
or fewer pages by facsimile (``FAX'') machine. This limitation is 
necessary to assure access to the equipment. The telephone number of 
the fax receiver is (202) 663-4114. (This is not a toll-free number). 
Receipt of FAX transmittals will not be acknowledged, except that the 
sender may request confirmation of receipt by calling the Executive 
Secretariat staff at (202) 663-4070 (voice) or (202) 663-4074 (TTY). 
(These are not toll-free numbers.) Instead of sending written comments 
to EEOC, you may submit comments and attachments electronically at 
http://www.regulations.gov, which is the

[[Page 4918]]

Federal eRulemaking Portal. Follow the instructions online for 
submitting comments. All comments received through this portal will be 
posted without change, including any personal information you provide. 
Copies of comments submitted by the public to EEOC directly or through 
the Federal eRulemaking Portal will be available for review, by advance 
appointment only, at the Commission's library between the hours of 9:00 
a.m. and 5 p.m. Eastern Time or can be reviewed at http://www.regulations.gov. To schedule an appointment to inspect the comments 
at EEOC's library, contact the library staff at (202) 663-4630 (voice) 
or (202) 663-4641 (TTY). (These are not toll-free numbers.)

FOR FURTHER INFORMATION CONTACT: Thomas J. Schlageter, Assistant Legal 
Counsel, (202) 663-4668, or Erin N. Norris, Senior Attorney, (202) 663-
4876, Office of Legal Counsel, 131 M Street NE., Washington, DC 20507. 
Requests for this notice in an alternative format should be made to the 
Office of Communications and Legislative Affairs at (202) 663-4191 
(voice) or (202) 663-4494 (TTY). (These are not toll-free numbers.)

SUPPLEMENTARY INFORMATION: The Equal Employment Opportunity Commission 
(EEOC) enforces Title VII of the Civil Rights Act of 1964 (Title VII), 
Title I of the Americans with Disabilities Act (ADA), and Title II of 
the Genetic Information Nondiscrimination Act of 2008 (GINA), which 
prohibit discrimination on the basis of race, color, religion, sex, 
national origin, disability, or genetic information. Section 709(c) of 
Title VII, section 107(a) of the ADA, and section 207 of GINA authorize 
the EEOC to issue recordkeeping and reporting regulations that are 
deemed reasonable, necessary or appropriate. EEOC has promulgated 
recordkeeping regulations under those authorities that are contained in 
29 CFR part 1602 et seq. Those regulations do not require the creation 
of any particular records but generally require employers to preserve 
any personnel and employment records they make or keep for a period of 
one year. The EEOC seeks extension of the recordkeeping requirement in 
these regulations without change.

Overview of This Information Collection

    Collection title: Recordkeeping under Title VII, the ADA, and GINA.
    OMB Control number: 3046-0040.
    Description of affected public: Employers with 15 or more employees 
are subject to Title VII, the ADA, and GINA.
    Number of responses: 914,843.
    Reporting hours: Not applicable.
    Number of forms: None.
    Federal cost: None.
    Abstract: Section 709(c) of Title VII, 42 U.S.C. 2000e-8(c), 
section 107(a) of the ADA, 42 U.S.C. 12117(a), and section 207 of GINA, 
42 U.S.C. 2000ff-6 require the Commission to establish regulations 
pursuant to which employers subject to those Acts shall make and 
preserve certain records to assist the EEOC in assuring compliance with 
the Acts' nondiscrimination in employment requirements. This is a 
recordkeeping requirement. Any of the records maintained which are 
subsequently disclosed to the EEOC during an investigation are 
protected from public disclosure by the confidentiality provisions of 
section 706(b) and 709(e) of Title VII which are also incorporated by 
reference into the ADA at section 107(a) and GINA at section 207.
    Burden statement: The estimated number of respondents is 914,843 
employers. An employer subject to the recordkeeping requirement in 29 
CFR part 1602 must retain all personnel or employment records made or 
kept by that employer for one year, and must retain any records 
relevant to charges filed under Title VII, the ADA, or GINA until final 
disposition of those matters, which may be longer than one year. This 
recordkeeping requirement does not require reports or the creation of 
new documents, but merely requires retention of documents that an 
employer has already made or kept in the normal course of its business 
operations. Thus, existing employers bear no burden under this 
analysis, because their systems for retaining personnel and employment 
records are already in place. Newly formed firms may incur a small 
burden when setting up their data collection systems to ensure 
compliance with EEOC's recordkeeping requirements. We assume some 
effort and time must be expended by employers to familiarize themselves 
with the Title VII, ADA, and GINA recordkeeping requirements and inform 
staff about those requirements. We estimate that 30 minutes would be 
needed for this one-time familiarization process. Using 2011 data from 
the Small Business Administration, we estimate that there are 82,516 
firms that would incur this start-up burden. Assuming a 30 minute 
burden per firm, the total annual hour burden is 41,258 hours.
    Pursuant to the Paperwork Reduction Act of 1995, and OMB regulation 
5 CFR 1320.8(d)(1), the Commission solicits public comment to enable it 
to:
    (1) Evaluate whether the proposed collection of information is 
necessary for the proper performance of the Commission's functions, 
including whether the information will have practical utility;
    (2) Evaluate the accuracy of the Commission's estimate of the 
burden of the proposed collection of information, including the 
validity of the methodology and assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the collection of information on those 
who are to respond, including the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses.

    For the Commission.

    Dated: January 23, 2015.
Jenny R. Yang,
Chair.
[FR Doc. 2015-01624 Filed 1-28-15; 8:45 am]
BILLING CODE 6570-01-P
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